Skip to Main Content
Services Talent Knowledge
Site Search

Blog Post

June 27, 2018

Proposed Regulations Add Protections for Transgender Individuals

On June 24, 2018, Governor Cuomo directed the NYS State Department of Health to revise its regulations to provide additional protections for transgender patients. The proposed regulations amend Part 405 of the hospital code to prohibit discrimination based on gender identity.

Cuomo also directed the NYS Department of Financial Services to issue regulations expanding the scope of anti-discrimination protections for transgender individuals accessing health insurance. The Affordable Care Act previously protected transgender people from discrimination in individual and small group health insurance policies, but did not provide protections in large group policies. The proposed amendment to Insurance Regulation 62 clarifies that existing non-discrimination protections include gender identity and are applicable in large group accident and health insurance policies that provide hospital, surgical, or medical expense coverage.

Cuomo’s press release with links to the proposed regulations can be read here. Once the Part 405 amendment is formally adopted, all hospitals will be required to update their statement of patient rights to include language stating that patients have the right to treatment without discrimination based on gender identity.

If you have any questions regarding the content of this blog post, please contact Fran Ciardullo, special counsel, at or 315.425.2866.


Click here to sign up for alerts, blog posts, and firm news.


Sign up to receive our latest news

Practice Areas

Featured Industries

New & Emerging Industry Practice Areas


Featured Media


Use of Third-Party Delivery Services by OptumRx Retail Pharmacies


Sweeping Anti-Sexual Harassment Bill Signed Into Law


Forum Selection Clauses in IP Licensing: New Impact on IP

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out